Date: Thu, 18 Sep 1997 13:25:41 -0700 (PDT) From: Ron Buckmire Subject: SOUTH AFRICA: Attempt to decriminalize sodomy nationwide From: Bjoern Skolander Subject: South Africa: Decriminalisation of same-sex conduct 18 SEPTEMBER 1997 2ND SPECIAL BULLETIN OF EQUALITY THE OFFICIAL MOUTHPIECE OF THE NATIONAL COALITION FOR GAY AND LESBIAN EQUALITY 1c Rockey Street, Yeoville; P.O. Box 27811, Yeoville, 2143 Johannesburg, South Africa Tel - 011 487 3810; Fax - 011 487 1670; email - coalgr@iafrica.com THE MINISTER OF JUSTICE OPPOSES DIGNITY, EQUALITY AND JUSTICE FOR LESBIANS AND GAYS ! On Monday, 15 September 1997, the Minister of Justice formally announced that he will oppose the court application to decriminalise consensual sex between adult men. The National Coalition for Gay and Lesbian Equality (the Coalition) and the Human Rights Commission (HRC) brought this application in the Witwatersrand Local Division of the High Court. We have not yet been officially informed of the reasons for Minister Omar’s opposition. The Minister’s opposition is disappointing and is a waste of tax-payers money. It will cause unnecessary delays in the recognition of our rights to dignity, justice and equality as lesbian and gay citizens of this country. The application is now likely to be heard in court in the last week of October. Are there any valid legal or constitutional grounds on which Minister Dullah Omar opposes our court application? There is nothing in our court application which warrants opposition from the Minister. Our court application simply requests the court to decriminalise same-sex conduct in line with the Constitution of South Africa. After all, the government is required by law to bring all laws in line with the Constitution as quickly as possible. Minister Omar is a government representative. It is his duty and responsibility to implement the provisions of our Constitution. Constitutional protection for lesbian, gay, bisexual and transgendered people has been in place for more than three years. It is a scandal that the threat and indignity of imprisonment still hangs over our heads. Neither Minister Omar, Parliament, nor the South African Law Commission has given direction on the decriminalisation of same-sex conduct - a fundamental issue of equal protection of the law. The best the Minister could have done was to welcome the application of the Coalition and the Human Rights Commission and not to oppose it. SAME-SEX CONDUCT DOES NOT MEAN CHILD MOLESTATION The Cape Times of 02 September 1997 reported that Minister Omar intends opposing our court application. The Cape Times report refers to the Minister’s concern about the rights of children if same-sex conduct is decriminalised. From this report, the Minister seems to associate the decriminalisation of same-sex conduct with sexual abuse of children. The Coalition resents the implications from the Minister’s spokespersons that he has to consider the rights of children in the context of our court application. The comments from the Minister’s spokespersons are unfortunate. The comments perpetuate homophobia and support negative stereotypes about lesbian and gay people. Simply put, the comments seem to equate gay and lesbian people with child molesters. Furthermore, the comments also perpetuate the portrayal of lesbian and gay people criminals. The court application of the Coalition and the HRC aims to achieve the opposite. Lesbian and gay people are not criminals because of their sexual orientation. The Minister’s spokespersons show a wilful disregard for the decision of Justices Farlam and Ngcobo of the Cape High Court to decriminalise same-sex conduct in the Western Cape through the Kampher judgement delivered in early August 1997. The Coalition is deeply concerned about the serious problem of abuse faced on a daily basis by millions of South African children. Even more worrying is the apparent inability of the criminal justice system to deal swiftly with child abuse. The Coalition opposes all forms of abuse against children whether committed by straight people or queer people. There is nothing in our court application which warrants opposition from the Minister. THE MINISTER’S OPPOSITION TO OUR COURT APPLICATION CANNOT BE JUSTIFIED · The Coalition calls on the Minister not to retreat from the human rights commitment of the ANC and the government. · We call on the Minister to give valid legal and constitutional reasons for his opposition to our court application. · We urge all lesbian, gay, bisexual and transgendered citizens to organise against the Minister’s decision to oppose the application by the Coalition and the Human Rights Commission. · We appeal to all South Africans to support the National Coalition for Gay and Lesbian Equality in its struggle for dignity, equality, and justice for lesbian and gay citizens of South Africa. We as lesbian and gay people from all walks of life suffer tremendous stigma because a personal and significant part of our lives---who we choose to love and have sex with---is regarded as a crime. Not so long ago, the Immorality Act criminalised many of our parents because it criminalised relationships between people of different races. The acts challenged by the Coalition and the HRC are remnants of apartheid ideology. The Coalition demands that our rights to equality and dignity as citizens be respected and that we not be regarded as criminals. SCRAP UNJUST LAWS CAMPAIGN The Coalition has launched this campaign in response to the court application and Minister Omar’s opposition to the court application. This campaign will mobilise thousands of lesbian and gay people and our supporters across the country and the world to support the court application. The campaign is an opportunity for all of us to take local action and educate the lesbian and gay community and the general public about our rights and the Constitution. The campaign will include pickets, petitions, marches and meetings throughout the country in support of the application. SUPPORT LESBIAN AND GAY EQUALITY ACT LOCALLY FOR LESBIAN AND GAY EQUALITY NOW! · Inform EVERYONE - people and organisations of the decriminalisation application. · Copy and pass on this Special Bulletin to as many people as possible and contact the Coalition for further information. · Mobilise support for decriminalisation of same sex conduct from individuals, Political Parties, Members of Parliament, Youth, Children’s rights and religious organisations and activists. · Organise as many people as possible to attend the Annual Gay & Lesbian Pride Parade in Johannesburg on 27 September 1997. To join the Coalition float on the Pride Parade contact Sharon Cooper or Jonathan Berger on (011) 487-3810. · Send petitions and letters to the African National Congress (ANC). Address your letters to the Acting Secretary-General Ms Cheryl Carolus. She has frequently stated ANC support for gay and lesbian equality and supports the work of the Coalition. Ask questions about Minister Omar’s opposition and whether the ANC in government opposes decriminalisation. Ms Cheryl Carolus Fax: (011) 336-0097 Address: PO Box 61884, Marshalltown, 2107 · Organise meetings and pickets in support of the court application before the date of the court hearing (mid October 1997). Contact the Coalition for help. · Scrap Unjust Laws Solidarity Meetings and Rallies on the eve of the hearing to rally public support for the court application. PLEASE TAKE NOTE OF THE NEW PHYSICAL ADDRESS, TELEPHONE AND FACSIMILE NUMBERS THE NEW DETAILS ARE LISTED BELOW. ********************************************************************* National Coalition for Gay and Lesbian Equality Mazibuko Kanyiso Jara Equal Rights Project Physical address - 1c Rockey Street, Bellevue (Yeoville), Johannesburg, South Africa Postal address - P.O. Box 27811, Yeoville, 2143 Work Telephone - (++27) 011 4873810/11/12 Fax - (++27) 011 4871670 Voicemail - 0881 24 5633 email - coalmj@iafrica.com ********************************************************************* ****************************************************************************** * To subscribe to QUEERPLANET, send mail to: majordomo@abacus.oxy.edu * * In the mail message, enter ONLY the words: subscribe queerplanet * * To unsubscribe to QUEERPLANET, send mail to: majordomo@abacus.oxy.edu * * In the mail message, enter ONLY the words: unsubscribe queerplanet * * Words in the Subject: line are NOT processed! * ******************************************************************************